Parrish v. Parrish

• Decision Date: 08 January 1993
• Citation: 617 So.2d 1036
• Parties: Marjorie PARRISH v. Charles A. PARRISH. 2910500.
• Court: Alabama Court of Civil Appeals

Page 1036

617 So.2d 1036

Marjorie PARRISH v. Charles A. PARRISH.

2910500.

Court of Civil Appeals of Alabama.

Jan. 8, 1993.

Charles W. Cochran III, Florence, for appellant.

Robert W. Beasley of Potts & Young, Florence, for appellee.

THIGPEN, Judge.

This is a divorce case.

The record reveals that Charles A. and Marjorie Parrish were married in 1962 and that during the marriage, the wife operated several small businesses, at least one of which was initially a joint venture with her husband. The wife was injured in an automobile accident in November 1987, from which she claims to have suffered head, eye, and brain stem injuries. In September 1990, the husband instituted involuntary commitment proceedings against the wife, and in October 1990 the wife was committed to the State Board of Mental Health and Mental Retardation (Mental Health) for treatment and the husband was named conservator of her affairs. She was released approximately four months later.

The husband filed for divorce and, in an abundance of caution, requested that a guardian ad litem be appointed to protect the wife's interests, since the wife had previously been committed to Mental Health. The wife, in her answer, denied that she had suffered from a mental illness. The trial court appointed the wife's attorney as guardian ad litem, and it granted the husband's motion to be released as his wife's conservator, due to his conflict of interest. The trial court divorced the parties in February 1992, and, inter alia, awarded ownership of the parties' house and surrounding land to the husband, subject to a mortgage; awarded the wife periodic alimony and alimony in gross; and ordered the wife to assume liability for her business debts. The wife appeals.

The wife contends on appeal that the trial court abused its discretion in its division of the marital assets, its award of alimony, and in its holding the wife responsible for the business debts.

At the outset, we note that the judgment of a trial court following an ore tenus proceeding is presumed to be correct and will not be reversed absent plain and palpable error. Hamby v. Hamby, 575 So.2d 580 (Ala.Civ.App.1991). Further, matters involving alimony and property settlement incident to divorce are within the sound discretion of the trial court and will not be disturbed on appeal except where such discretion was palpably abused. Kelley v. Kelley, 579 So.2d 1362 (Ala.Civ.App.1991). The issues concerning alimony and property division are interrelated, and the entire judgment must be considered in determining whether the trial court abused its discretion. Montgomery v. Montgomery, 519 So.2d 525 (Ala.Civ.App.1987). The property division need not be equal, but must be equitable, and a determination of what is equitable rests within the broad discretion of the trial court. Daugherty v. Daugherty, 579 So.2d 1377 (Ala.Civ.App.1991); Kelley, supra.

The wife first claims that the trial court's division of marital property was unfair and that the trial court erred in holding her liable for the business debts. A trial court's division of property must be equitable under the particular circumstances of each case. Daugherty, supra. We have carefully reviewed the record and find that the trial court's property division was not...